Dividing your Debts during Divorce   

During a divorce proceeding, all of the assets and liabilities are divided and or apportioned between the parties. 

As with the assets of your marriage, all debts, be them in your name or your spouses name alone or jointly with eachother or another, are all considered by the court.

Attorney Heather-Jill Williams is knowledgeable of all of the ways which the court may divide your debt and will assist you through the negotiation process to make certain the debts of the marriage are divided equitably.  If settlement on debts is not reached, Attorney Williams has the experience gathering and presenting the evidence needed during a trial where the Court will determine the division of your debts. 

When looking at the debts, there are many factors the court will consider.  Some of these factors are:

     Was the debt incurred for marital purposes?

     If the debt is in one spouse’s name did the other know about
     it or enjoy the benefits of what products or services are related
     to the debt?

     Who will retain the assets charged on credit cards?

Attorney Heather-Jill Williams addresses each of the concerns of the Court and of her clients when looking at debts.  The goal being that once the divorce is final there can be a clean break between the parties with no outstanding joint debts remaining.  An additional goal being resolving debts such that there are no outstanding liabilities in the name of one spouse that the other is responsible for paying. 

That being said, in some cases, this is simply not possible.  There are many factors which could prevent such a resolution. 

One such instance is a joint mortgage on a marital home where it is in the best interest of the children that they remain in the home.  Real estate conditions or a person’s financial position may prevent refinancing a mortgage in one person’s name. 

Attorney Williams will review all of your options with you and proceed with a plan of action to achieve the most satisfactory division of your debts during your Divorce case.

Heather-Jill Williams
Family Law PC

~850 Springfield Street Suite 3, Feeding Hills MA 01030~
Phone (413) 789-9600 Fax (413) 789-9633

Attorney Heather-Jill Williams


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